Allowed

Immanuel v. State of Kerala

Kerala HC1 Jun 2023Bail Appl./4082/2023

Case brief

AI extract

What is this about?

The High Court of Kerala granted bail to the 1st accused kidnapped 51 days after his arrest in a snatching case involving IPC offences, noting investigation completion and co-accused's release, subject to stringent conditions.

What did the court decide?

The petitioner shall be released on bail upon executing a bond for Rs. 50,000 with two solvent sureties, subject to conditions of regular reporting and no leave from state without permission.

Immanuel Vs State of Kerala — Bail and Remand | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE V.G.ARUN

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THURSDAY, THE 1ST DAY OF JUNE 2023 / 11TH JYAISHTA, 1945

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BAIL APPL. NO. 4082 OF 2023

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CRIME NO.520/2023 OF Irinjalakuda Police Station, Thrissur

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PETITIONER/ACCUSED NO.1

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IMMANUEL
AGED 25 YEARS
S/O SAJI XAVIOUR, ARAKKAL HOUSE,
ELAMAKKARA RMV ROAD DESOM, EDAPPALLY VILLAGE,
ERNAKULAM, PIN – 682026

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BY ADVS.
THOMAS J.ANAKKALLUNKAL
LITTY PETER
ANUPA ANNA JOSE KANDOTH
MELBA MARY SANTHOSH
JAYARAMAN S.

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RESPONDENT/STATE

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STATE OF KERALA

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REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA - 682031, PIN – 682031

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BY PUBLIC PROSECUTOR RENJITH GEORGE

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THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON
01.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

B.A No.4082 of 2023

ORDER

Dated this the 1^st day of June, 2023

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The petitioner is the 1^st accused in Crime No.520 of 2023 of Irinjalakuda police station, registered for the offences punishable under Sections 392 read with 34 of the Indian Penal Code.

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The crime is registered alleging that, on 07.04.2023, at about 4.30 p.m, the petitioner along with the 2^nd accused came from the behind the defacto complainant in a motor cycle and snatched her gold chain. The petitioner was arrested on 12.04.2023 and is continuing in custody. His earlier application for bail was rejected as per Annexure A2 order dated 19.05.2023.

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Learned counsel for the petitioner submitted that 51 days have been elapsed after the petitioner’s arrest and the investigation being complete, no purpose is served by the petitioner’s continued incarceration. Moreover, the 2^nd accused was granted bail on 19.05.2023.

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Learned Public Prosecutor submitted that the petitioner

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B.A No.4082 of 2023

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is involved in another crime, registered for offences under the NDPS Act and hence, there is a possibility of the petitioner getting involved in other offences, if he is enlarged on bail.

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Considering that the petitioner has been in custody for more than 50 days and the investigation is almost complete, I am inclined to grant bail to the petitioner, subject to the stringent conditions. Accordingly, the following order is passed:

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i) The petitioner shall be released on bail on

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executing a bond for `50,000/- (Rupees fifty thousand only) with two solvent sureties for the like sum to the satisfaction of the jurisdictional Court.

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ii) The petitioner shall appear before the Station House Officer, Elamakkara police station, within the limits of which the petitioner is residing, every Monday between 10.00 a.m and 11.00 a.m until the final report is filed

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iii) The petitioner shall not leave the State without obtaining prior permission from the Station House Officer, Elamakkara Police Station.

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iv) The petitioner shall not get involved in any other offence while on bail.

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B.A No.4082 of 2023

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If any condition is violated, the Investigating Officer can approach the jurisdictional court and seek cancellation of bail.

Sd/-

V.G.ARUN, JUDGE

smm

B.A No.4082 of 2023

APPENDIX OF BAIL APPL. 4082/2023

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PETITIONER ANNEXURES

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Annexure A1TRUE COPY OF THE FIR DATED 07.04.2023
IN CRIME NO. 520/2023 OF IRINJALAKUDA
POLICE STATION
Annexure A2TRUE COPY OF THE ORDER DATED
19.05.2023 IN B.A NO. 3749/2023
Annexure A3COPY OF THE MEDICAL DOCUMENTS SHOWING
THE MEDICAL DETAILS OF THE
PETITIONER'S FATHER

Immanuel v. State of Kerala

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Immanuel v. State of Kerala

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